Commonwealth Consolidated Acts

FUEL QUALITY STANDARDS ACT 2000 - SECT 59

Application for a monitoring warrant

  (1)   An inspector may apply to a magistrate for a monitoring warrant under this section in relation to premises.

Issue of a monitoring warrant

  (2)   The magistrate may issue the monitoring warrant if the magistrate is satisfied, by information on oath, that it is reasonably necessary that one or more inspectors should have access to the premises for the purposes of:

  (a)   finding out whether this Act has been complied with; or

  (b)   assessing the correctness of information provided under this Act.

  (3)   However, the magistrate must not issue the monitoring warrant unless the inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.

Content of a monitoring warrant

  (4)   The monitoring warrant must:

  (a)   authorise one or more inspectors (whether or not named in the warrant), with such assistance and by such force as is necessary and reasonable:

  (i)   to enter the premises; and

  (ii)   to exercise the powers set out in section   41 in relation to the premises; and

  (b)   state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

  (c)   specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and

  (d)   state the purpose for which the warrant is issued.